Actio (law)
The actio is a term of Roman private law and describes both materially a claim in the sense of a subjective right and procedurally the form of action that the owner of the right had to use to enforce it.
The actiones were listed in the edictum perpetuum and were granted to the plaintiff by the praetor on a case-by-case basis. By means of the exceptio , the defendant was able to assert procedural counter-rights.
The subjective rights are divided into absolute rights , which can be asserted against everyone, and relative rights , which only exist against certain people. Absolute rights can be asserted with the actio in rem , relative rights with the actio in personam given against the obligated party .
The complexity of the term actio results from the stronger unity of substantive law and procedural law compared to today's law (action law way of thinking). The material claim of the person entitled (the authority to act ) appears as a mere reflection of the procedural possibility of bringing about a certain legal status through an actio (authority to conduct proceedings ). In this sense, the actiones are also a specification of the possible obligations to which a debtor could be subject. The design of the civil process as a form process led to lists of forms ( formulas ) for each actio, from which in turn the nature of the obligation ( obligatio ) can be inferred.
See also
literature
- Moriz Wlassak , Rudolf Leonhard : Actio . In: Paulys Realencyclopadie der classischen Antiquity Science (RE). Volume I, 1, Stuttgart 1893, Col. 303-325.
Individual evidence
- ^ Heinrich Honsell : Roman law. 5th edition, Springer, Zurich 2001, ISBN 3-540-42455-5 , pp. 83 ff.
- ^ Max Kaser , Rolf Knütel : Roman private law . 17th edition Munich 2003, p. 48.
- ^ Max Kaser, Rolf Knütel: Roman private law . 17th edition Munich 2003, p. 203.